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You can record that person, hand the recording over to the police, and use the recording in court.
Although you have the right to surveil intruders in your own home without their consent, today’s cameras introduce a new bugaboo: Many models, including the ones Wirecutter recommends, stay on and record 24 hours a day, not only when you’re away.
The first: You can’t record video in any location where a person would expect to have a high degree of privacy.
Those places should be pretty obvious, as noted earlier—bedrooms and bathrooms are clear examples, as is a changing room if you have a pool.
In fact, Kirschenbaum said that courts have even carved out case-by-case exceptions to wiretapping laws without making any change to statute.
What makes this case even murkier is the technology involved.
Let’s say you record someone in your home, and you want to use that recording—maybe it was someone plotting a crime.
According to guidelines offered by New Media Rights, most states allow you to record and then use that recording to prevent a crime or to prove one was committed.
This means that everyone in the house—your family, guests, employees, cable installers and furniture deliverers, any people who have permission to be in your house—will be recorded, and if that recording includes audio, and if you’re in a state that requires dual consent, you may want to warn them, or you could run afoul of wiretapping laws.
You might be wondering what constitutes dual consent.
Federal wiretapping statutes allow audio recording if one of the two parties consents to the recording.